DE STEFANO, J.S.C.
When the police have probable cause, they may lawfully enter a home, conduct a protective sweep and secure the premises in anticipation of obtaining a search warrant. If the police thereafter obtain a consent to search, they must be mindful of the preference in the law that searches of a home be conducted pursuant to a warrant. The State must be prepared to prove by clear and positive evidence that a valid waiver was lawfully obtained. The State...
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